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tv   [untitled]    April 1, 2015 2:30am-3:01am PDT

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ake and when the work we're trying to get it done by what we did was added the additional issues we're aware of and put that into the memo and so we know number one tried to lay out what the additional issues are and given e give an estimate how long each one my take who talked with the city attorney's office and particularly with respect to building a record as to the kind of controlled committee issues and we tried to figure out well, what is the most important and how would we prioritize those a lot of this was us trying to take the cow from the commission but also kind of looking at what we saw the serious issues it is a mix not perfected you folks
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will see that this is our best guess it is running through the issues and returning through how long that will take and proposed prioritization on page 7 our sense of based on the commissions disconnection and our understanding and we have this abstraction or technician limitations language at the end is this calendar which gives a sense of where everything in gray staff will be working on the issue and anytime it talks about the intent the commission decide on something or hear something at this point so just unthrough briefly it is sort of in the memo but we essentially had the 4 issues that were voted on the mechanic and prohibition triggered by the
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prop j issues and getting those foiled with the ethics commission we've identified some the procedural issues and the two that we identified were sort of enforcement policies and regulations addressing some of the streamline provisions maybe forms inspections for any reason violations that sort of thing and the second thing under the procedural it the forfeiture and last day policies that goes book to the august 2008 staff
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memorandum that outlines the procedures and commissioner keane asked for a review and perhaps improvement on that memo so we want to do that then we have two outstanding issues from the civil grand jury within a renovelist of the expenditure lobbyists reporting requirement and the response to the civil grand jury the commission said they would you would looked at it the issue as a general matter to decide if you want to move forward that's still outstanding and there was always recommendation with respect to additional gifts of travel those restraining order two issues there and then the final set of issues has to do with ongoing reporting issues we them we have to deal with one to
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move to all electronic filing for the form seven hundred fillers this is beyond the department heads to foil electronically and go to all city fillers and employees and finally the permit consulted will be foiling their report on trillion april 15th we had a lot of questions holding off the idea of doing the rates until we see how the first quarter goes that is ultimately something we want to do ultimately it was the staffs intent after the consideration in january we'll move to the two outstanding civil grand jury issues and then go to enforcement and forfeiture issues at this point but from that conversation we got into
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expanding the scope what we do at sea crow so as you can see then i'll wrap up we on page 7 identified what we see as the higher priority issues which are the mechanic control limits bans our last conversation the enforcement rates and policies this form seven hundred electronic issue and the bundling and reporting and perhaps additional reporting for gifts of traffic jam and the rest awhile certainly important we'll consider of lower priority and so as a result we created our chart thank you at the end that essentially says we refer to the seven hundred form committee issues basically through september number one with the mechanic controlled community that involve you know
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a lot of work in terms of building the appropriate record and go to the bundling reporting and the enforcement regulation and policy discussion so that's the sum and i'll be happy to answer any questions or take any comments. >> questions. >> just a comment i think you've done a great job in the discussion you've done. >> i guess just for information purposes on our memo on page 3 you sort of list bullet power points to get to the candidate
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controlled committee regulation and that looks like a very extensive amount of work and can you give me some idea how you would implement it with staff how many staff people are going to have to be involved and what kind of hours do you think will be spent. >> i think you're looking at them in addition to that obviously working with the city attorney's office we would probably work were and italy's directors steven massachusettscy r i didn't some of it will be you know reviewing the contributions to the straurs committees i mean, i think your first - our first step we've started to do it make sure we have a full handle on the law we've seen the
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literature there are some law review articles you know reaching out to some of the former elected officials that control the ballet measure committees and getting the input we ask them to talk to the extent we get someone an stewart to come we're we're going to want that to set of up that first big meeting so the commission can consider all the testimony whether oral or written so i oils i'm describing the process. >> the question for example the legal research that the city attorney's office presumably was doing to get pro bono help to help the city that applies to a number of those would it not not
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only to the controlled committees but to a number of the other ones and how about the public sort of the public hearing would it make sense to combine them so that your macro the record not only for say the candidates controlled committees but other regulations your got on the priority list. >> well. >> is doable do you think. >> with respect to the report issues i think we want feedback in terms of what is most valuable to the public how guidance works with the regulation and that sort of thing with this really and also with the prop j we're talking about you know some important
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constitutional issues i'll be worried about sort of giving them a short trip if everything is combined together. >> any other questions or comments from the commissioners? i echo commissioner keane's statement it is well done and helpful and seeing where we need to go one suggestion that i have is i know we don't have a formal committee on this commission but to the extent commissioners want to participate hopefully that will be welcomed by the staff i for example have those enforcement regulations have been near and dear to my heart maybe other commissioners you
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can reach out to them >> public comment? >> hello, i'm larry bush this time i'm speaking on behalf of friends of ethics we sent a letter outlining the number of concerns looking over this i want to add a post script it that on the calendar that would be helpful to the commission if in addition to the timeline of activities for the staff and commission you also included in here the timeline for political activities that is gong in the city at the same time sometimes i'll be seeing campaign financial reports that helps if you include that in june and september and november there's an election it is an important part of looking at our calendar secondly on the issue of travel and more disclosure i think that
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the civil grand jury y request wore more payments and not just attractively it's a way in which people will have an ability to respond to city hall interests by writing a check to someone that still wants to see funded in some cases offices. >> and then i think that on terms of the control committee the first step i don't see listed to define how do you know the committee is a controlled committee we don't have a good check list the same in the 2008 minutes you have the same consultant is it the same mailing list are you sharing door lists back and forth that's important for the political
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process to be known not just a short thing a lot of the other issues you're looking at like local research it is very constructive do so what other ethics commissions are responsible for the enforcement we've done that through the friends of ethics and been on civil grand jury will be helping happy to provide you with the results of that and allocates some of the reports you'll be looking at on your sites for example which are the controlled committees are obviously incomplete you have to go back to 2007 when the bics commission looked at what was going on that's with the ugly 2008 prior to that if you listed as a controlled committee as put on the bottles by the mayor or
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by supervisors for the campaign had the same campaign manager not showing you as a full committee awhile you're asking for a collective competition to talk about where why they have a controlled committee ask another commissioners why they think that would a control committee i have names >> commissioners ray heart in san francisco open government the comment there seems like a belief among the commissioners the only thing you're concerned about is campaign finance everything else is recommended to campaign finance and nothing else i'd like to look at a couple of the things liquor enforcement of regulations and policies how about the sunset ordinance see the screen
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okay i hope i don't get stopped exactly 3 minutes that was done very frankly you know i've been dealing with the sunset task force for the last 8 years but heard excuses from this commission as to what why you cannot enforce the law even the united states commission that responsibility you don't make it a project not a high priority, in fact, i don't think that has a permit because you'll have to enforce it against people fellow commissioners on boards and members of elected offices we saw what happened with when you recognized that john gomez
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be off the liquor i think your avoiding talking about southern issues you know you can't do anything when your proven not to be able to do anything here i have an, an individual 19 cases where city representatives have violated my freedom and my access to public records you don't seem to give a damn and, in fact, the executive director tries to find a reason to deny me assess and holds hearing while i'm out of state well, mr. heart you're a broken record would any of you going before the 19 hears not be lblth be disturbed that the body that's
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supposed to do a damn thing to try people think this is a liberal i go to the american legion in florida everyone they say san francisco oh liberals liberals i think they'll be shocked to release the free speech are not redirect i was interrupted in my public comment once again still you do nothing at all i'm not the only citizen there are a lot of others wondering why to go to the task force when you're going to block whatever they do.
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>> mr. marty one other suggestion on the calendar we keep k it a running calendar and sort of to the extent we make decisions about things that need to be added so you guys keep it up to date that will be helpful for all of us. >> as we put in the memo the intention as we check in to - things happy obviously we want to keep people abbreviate. >> the next is the election of officers discussion and possible action for the president and vice chair. >> before we go to that what was the results of the draft language that had been submitted. >> sure well, so there is the draft
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language its straightforward the commission doesn't have to make a decision right now but certainly we'll explore a variety of the options the one thing we want to highlight is that the discussion to this point is about limiting or prohibiting contributions to ballot measure committees for general purpose committees there are actually, two separate different types of committees that can be controlled one a committee for election to the central committee the democratic party in san francisco we're prohibited by express state law from putting mia any limits on so we can't do that but the legal defense fund which are essentially fund that are opened by a candidate when that he or
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she is facing legal action with they're running for office a perform of a duty currently those also there's no limit either so the decision would be whether we would move those expand those prohibitions to expand those are committees we're only aware of one committee that is a legal defense one that is opened but presumably saying the rational may or may not apply the same rational applies but considerations as to whether the commission thinks that as a policy matter not explores those limits or restrictions
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what. >> what reaps would there be to not include the legal defense fund. >> that is speaking hypothetically you know one reason perhaps is that running for office is you know you can't set user up you're a public person and people use a lot of means to attack you and litigation if you're limit in our ability if you don't have money using your limit to raise funds to put up a credible defense that might discourage people from running from office that's things to think about. >> commissioner renne did you want to vote on that. >> i gather that it make sense
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to be further down the road in our analysis for example, the question that was raised by mr. bush if a committee for a proposition and one of the candidate is very active did that make that candidates controlled committee even though it is set up not under his or her subscription those should be spelled out a little bit. >> so and i know we're going to have plenty other hearings on this general topic what constitutes a committee the local law state law of the controlled committee so there's a provision of the independence and in addition 9 f pbc has
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issued letters who what constitutes a controlled committee there is something we'll follow here locally in san francisco we'll certainly talk about that later. >> thank you. >> anything else on agenda item 5 the next is the election of officers. >> commissioners we traditionally choose a chairman and then once the chair opens the floor any commissioner may nominate another commissioner or a commissioner may no time him or home sharer they don't need a second. >> i want to start by that's why my fellow commissioner for allowing me to have 3 terms thank you to the staff for their
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hard work and effort and public for indulging that me i look for new leadership now open up for nominations for chair for the coming year. >> commissioner keane. >> yes. mr. chairman in light of the fact you don't want to be nominated for chair i nominate commissioner renne for chair. >> any other nominations for chair? okay hearing none public comment? >> commissioner ray heart for open government we need someone that will lead and i don't mean
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financial every time you try to find someone from illegally using money for illegal campaigns they'll find a way i'd like someone that makes an effort to do some of the things and you've neglect under the current lisp so such as enforcing the sunset ordinance people think they have a right to go to a public hearing and until the shut hits the fan and told they're not allowed to i have a list of 19 or they tried try to get public records and denied those by people that know under the law they have a requirement to provide it yet for 8 years i've been coming to theometers with lip service to our responsibility of enforcing the
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sunset ordinance like on tonight agenda one case from the sunset task force ion they've gotten to the point they don't see to send e send it to you and purposing to protect other people in positions of authorized here in san francisco those 19 cases that i won were individual that knew their responsibility under the law like the city librarian x he didn't want to take hundreds of thousands of gifts when he foiled his files it was penalty of perjury he filed saying i got nothing it was thousands of dollars of travel and hotel diversities he took and when i tried to get the public records he held them for two years got the city attorney's office and they couldn't give the records up
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they were found in violation i want to see someone on the commission that wants to do more than just playing around with campaign finance you have the responsibility to enforce the sunset ordinance i've not heard one member deny that fact to the responsibility of the majority of san franciscans the majority of the citizens will question why you third year think campaign financing is important when you can't get people to release financial records if citizens don't have a right to know everywhere else goes by the way and this is no lisp from mr. her. >> larry bush two points one many of you are new in terms of
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last year or two commissioner renne hears what people have to say it was very much appreciated and the second thing the commission has been taking steps forward with the new i know what you call it a dashboard that allows people to act take a closer look at how money is coming into city hall that speaks well, where you'll be going next and commissioner renne away's raised did issues of the expenditures for lobbyists i was disappointed i couldn't come and talk i was in the civil grand jury and took a 54 of slowdowns i know you want me to do that again, i will not
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(laughter) >> okay. is there another motion to elect scomplaern as chair. >> all in favor that motion passes 5 to zero congratulations commissioner renne elections for vice chair commissioner keane. >> yes. i'd like to nominate commissioner andrews. >> are there any other nominations for vice chair public comment. >> commissioners ray heart inform san francisco open heart i'm in favor of commissioner andrews to serve as vice chair
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i've gone through several times and looked at the video of the hearing that was held on my matter referred by the sunset ordinance task force and the only two people that asked questions were commissioner keane and commissioner andrews i said is there any way of using the audio video equipment without extend $42,000 and the city librarian lied to him is no other way all they had to do was take the slides i know they got them and included the private individuals like the friends the san francisco public library it tomatoes not commissioner andrews fault that i guess he did what most people do listened to the department heads and